Morning Bell: NLRB Comes to Big Labor’s Defense

It’s hard to imagine Uncle Sam telling Walt Disney where to make movies or McDonald’s how many hamburgers to make, but if you take a look at the case of the National Labor Relations Board (NLRB) versus Boeing, you’ll see that the federal government is trying to do just that: dictate where and how private industry may do business. And it’s doing so to bolster one of President Barack Obama’s favorite special interests—labor unions.

To catch you up on the story, Boeing Corporation decided to build a new assembly plant in Charleston, South Carolina, in order to produce the 787 Dreamliner. The NLRB (which is responsible investigating unfair labor practices) got wind of the decision and last month filed a complaint against Boeing, alleging that the company decided to build the plant in South Carolina out of retaliation for union strikes at its Washington state facilities. Nevermind that Boeing actually added 2,000 jobs in Washington on this particular project.

South Carolina is a right-to-work state, meaning that Boeing can hire non-union workers. For fans of big labor (like President Obama and his allies), right-to-work states are a threat to unions’ dominance. (It’s worth noting that the NLRB today is composed of four members, three of whom are Obama appointees.)

The NLRB’s intentions, then, could be easily inferred. It is doing all it can to help unions at the expense of right-to-work states, corporations and at the end of the day, American workers. But in this case, we have even more than inference.

The Washington Examiner reports that a leaked NLRB memo “makes clear that President Obama and the radical labor advocates he put on it are embarked on a calculated campaign to make unionized firms even harder to manage.” The memo, which was obtained by The Heritage Foundation’s Hans von Spakovsky and James Sherk, “shows that the board seeks to elevate union officials to equal partners with executives in corporate boardrooms of all unionized firms.” The Examiner continues:

The memo instructs NLRB regional operatives to flag all cases in which unionized firms made relocation decisions without submitting detailed economic justifications to their unions. The board plans “case-by-case” reviews, followed by prosecutions of selected cases. The intended consequence is that all major business decisions will become subject to approval by unions.

Remarkably, the NLRB has attempted to deny that it’s telling Boeing how to make basic business decisions, despite all evidence to the contrary. In an interview with The Street, NLRB spokeswoman Nancy Cleeland said:

We are not telling Boeing they can’t build planes in South Carolina,” Cleeland clarified, in an interview. “We are talking about one specific piece of work: three planes a month. If they keep those three planes a month in Washington, there is no problem.” Beyond the ten planes, she said, Boeing could build whatever it wants in South Carolina.

So Boeing can make some planes, but not the planes the NLRB says it can’t make? That still sounds like the federal government dictating private business decisions, doesn’t it? However the NLRB wants to parse words or spin the story, it remains that its actions fly smack in the face of the rule of law. Simply put, the federal government does not have the legal authority to tell a company where it can expand its business. Sherk and von Spakovsky warn:

The NLRB’s decision to issue a complaint represents an unbridled, unauthorized, and unlawful expansion of the regulatory power of an executive agency. If allowed to stand, its actions threaten business investment and job creation as well as the employment of both unionized and nonunion workers.

Borrowing a page from the union intimidation playbook, the NLRB’s general counsel released a statement earlier this month warning Boeing not to “litigate this case in the media and public arena.” It is clear to the NLRB that its actions against Boeing would be unpopular nationally—and especially in South Carolina—so they do not desire attention or transparency. But as in most cases, when an agency like the NLRB wants the media to ignore a story, more media scrutiny is likely required.

Millions of Americans continue to suffer unemployment. Yet as businesses try to get back on their feet, the union-dominated NLRB is expanding its reach to win short-term gain for its big labor special interest allies at the economy’s expense. As the NLRB hurts businesses, job creation suffers right along with it. It’s time for Congress to take action to prevent the NLRB from inflicting even more damage on America’s economy.

I live in a "Right to work" State, my late husband was a union member but both of us felt and I still do tht it should be YOUR choice. During his working years the union did a lot of good, they got the number of hours that a driver(Bus Co.) was to have off between runs in creased, salary increases and health Ins benefits. Although after hedied an the Co. would not give me copies of papers and his retirement benefit he left for me, I was told in so many words to go to H___, that I was not the union member. I was approached by Union reps. who attempted to Unionize Nurses, I told them NO WAY, I'll keep my mone and my vote.

America is rapidly becoming unrecognizable to me from what I felt it to be growing up. I'm not old enough to have lived through FDR & Big Government's "New Deal", some programs of which were declared Unconstitutional. But enough of the "New Deal" survived WWII & onwards to act as a slowly growing cancer that is now about to destroy our Constitution & nation. Both Democrats & Republicans jumped on board an ever expanding & out of control Federal Government leading us to bankruptcy and loss of our liberties & properties. America is living on borrowed money & borrowed time. It will soon collapse. Then the "reset" button will have to be pushed. I'm not sure what will happen then. Will we return to a limited Federal Government with liberties, property rights & real money (gold/silver standard) again… or something more sinister? Probably the latter, as people tend not to learn from history & to repeat the same mistakes!

I am asurprised that the NLRB didn't parallel dear leader's mandate for NASA and tell Boeing that it can build elsewhere, but it must build in some muslim country "in order to make them feel better about themselves".

I'm thinking unions had their place in the past, but wonder if they have outlived their usefulness. What a boon to the state of SC to have this new plant. I have been the member of 5 or 6 unions in the past, and had bad experiences with them all. Why does the NLRB get to stick its nose into a Boeing decision? Must be politics or money, or both.

I can't wait to throw Obama and company out of office in 2012. I knew he would be bad for America but I'm sorry to say that he and his appointees have exceeded my expectations. The good news is that all the "right-to-work" states will be working to throw him out of office as well in 2012.

South Carolina is a right to work state along with 21 others as designated under the Taft-Hartley Act and completely legal! The NLRB is grossly overstepping its bounds to attempt to dictate to Boeing where they may place their plant! This is already in our laws whether Obama or the NLRB like it or not and there should be aqbsolutely NO reason under the law for the NLRB to even attempt to dictate!

This is absurdity gome wild! If Obama, the most divicive president this country has ever known, continues his antics, there may well be far fewer states in the union than there are now! This should never happen, but enough is, if fact, ENOUGH!!!!

It is incomprehensible to me that the NLRB has the audicity to try and control PRIVATE business in such an arrogant and audacious manner. Who the heck do they they think they are? Sure private business should be under certain governenment regulations relating to safety, workmanship, etc. No government agency should not have the right to tell a private corporation where it may operate.This administration is clearly overstepping its bounds in allowing this to take place…….even if it does benefit their "friends".

If I were in Boeing's management, I think I would be asking myself why we didn't build the plant offshore which is really sad. Maybe indeed this is why so many American companies have moved offshore. I'm telling you, the unions are going to be the death of this country like they killed Chrysler and GM among others. How far does this go before we take action to end it or diminish their power. Isn't Greece a lesson in itself?

You need to make clear that Boeing can appeal any decision that the NLRB makes all the way to the supreme court. Boeing should go ahead with all it's plans for a 2nd plant because the NLRB will never pass our court system.

commerical on TV with young girl selling lemonade and expanding her biz. Let's say she is in S.C. so now the NLRB says she must unionize all those kids who work for her, tell her where to set up the lemonade stands, etc. etc. Her biz will collapse, kids out of work and the union will be satisfied since it ran out of biz an evil capitalist.

"We can't expect the American People to jump from Capitalism to Communism, but we can assist their elected leaders in giving them small doses of Socialism, until they awaken one day to find that they have Communism."

More evidence of the Obama machine (big, bad, Obama) rolling along. Gee, Obama is acting as if the November elections were meaningless (don't tell Rush) and he is not afraid of the opposition. What opposition? It wounds my heart with a monotonous laughter.

Mr. Brownfield , I commend you on this report. I find that the very conception of the NRLB and it's supporters to be so vile and corrupt that I am at this time incapable of commenting on this issue in a civil manner. By all means sir. do continue to keeping us informed with what you have always done, factual information. Thank You.

The unions have been a major reason why this country has lost its place in manufacturing. It cocts three times for union labor and you gewt three times less. In todays economy there is no vplace for unions and hopefully the public will see they pay this ratio for less and not more. It is time to abolish these unions and let this country grow again. The only purpose left for these groups is again to be part of the corupt political frenzy. Enough down with unions and the corupt politians that support them

This sorry saga could have easily been pulled from the pages of "Atlas Shrugged". If the NLRB "ruling"–and that's all we can justifiably call it–is allowed to stand, union thuggery and cronyism will triumph at the terrible expense of free enterprise and liberty. Congress, the States and, yes, all corporations had best push back sternly and relentlessly. Congress should defund NLRB if that's what it takes, the States should simply ignore the ruling, and the corporations should threaten outsourcing. Spinelessly rolling over and playing the obsequious victim is cowardly, shortsighted and STUPID.

Atlas Shrugged: If you haven't seen the movie, rent it. If you can't do that buy the book by Ayn Rand.

In the Movie people were prevented from moving from one state to another because there wasn't any work in their state but there was new jobs in this other state.

This is Tyranny at it's finest level. If this is how you want to live in the future than may God have mercy on your soul. Government has to get gone. Years ago our government didn't run day in and day out. Every body showed up, maybe a couple days a week, took care of business and went home to real jobs. Exactly as it should be. Right now Government has too much time on their hands and they sit around thinking how to get Yet! another bill passed with their name on it.

It's all a game to them but it is our lives they are playing with and we are not finding it funny.

Obamas great American Plan was to spread the wealth. Well the best job he has done to date it spread the poverty.

He thinks we are to stupid to figure it out but all things considered we are poorer today than 2 1/2 years ago.

Taking the velvet glove approach to the NLRB vs Boeing fiasco is emblematic of what has gone wrong in American Business over the last 50 years. In the first instance, the NLRB was found to be Unconstitutional by the Supreme Court; and was in Fascist/Marxist fashion brought back into Government/Labor interference by an "Executive Order" of America's first Communist President FDR.

So where are all the great and powerful leaders of Industry and Commerce and their publicists been for the past 55 years?

Not one Republican President or Congress, or both, when in power have legally driven the NLRB out of the Halls of Government? This isn't a question of "The Rule of Law" it is a question of Guts and right and wrong, or amongst the Tasselled Loafer "K" street crowd; "Intestinal Fortitude".

Take it to the Courts and settle it once and for all.The sooner constitutionality prevails, the greater this Republic's chances for survival increase.

I’ve read about this on other sites too, as well as heard about it on Mark Levin’s radio program. I’ve also read on CNSnews that the NLRB is attacking right-to-work states which want to protect an employee’s right to secret ballot elections. If I had my way, RTW laws would apply to all 50 states (57 states if you’re an Obama supporter) and D.C.!! Again I must cite democraps perpetuating the myth that the GOP wants to steal from the poor to give to the rich just because the GOP wants to let producers at all income levels keep more of what they earn instead of confiscating it to give away to drones and welfare moochers (who never earned their money in the first place!!). If they really are so against ‘Feeding the Rich and Starving the Poor’, then why don’t they target the real culprits, e.g., labor unions like the one I had to belong to when I was in Connecticut a decade ago. The members worked for substandard (probably collusive sweetheart contract) wages, and out of those low wages were forced to pay initiation fees and dues which added up to more than the CT state income tax. But union officials collected multiple salaries and drove around in silver Cadillacs (Not including any money received as payoffs or bribes in collusive contract deals!!). Isn’t that allowing the rich to steal from the poor??

And after an ‘unfair labor practices’ strike and ordeal with the above mentioned union, I also suspect the NLRB was in collusion with the union and/or employer. The NLRB was certainly no benefit to us, the employees!! We can see that the NLRB is siding with the unions, NOT workers or job producers. The NLRB, via EFCA (to me AKA ‘Employee Forced Coercion Act’), along with the abovementioned lawsuit, is encouraging this ‘allowing the rich to steal from the poor’ scam. I’ve long favored reforming the NLRA and NLRB, e.g., nationalizing right-to-work laws, making it easier for workers to decertify unions, etc. But now I’m beginning to think we need to add the NLRB to the list, along with the EPA, of agencies that should be eliminated!!

Also, the NLRB says it wants to protect employees’ rights to organize and have union representation. Well, that’s no reason to attack RTW states. GET THE FACTS STRAIGHT!! Whether a state is RTW or not, under current laws, employees DO HAVE THE RIGHT TO UNION REPRESENTATION!! RTW states merely add the right to keep a job without having to join or pay money to a union, or simply put, the right of a worker to fire his/her union for sweetheart contracts, raw deals, being lackadaisical in enforcing contracts or processing grievances, etc. Just compare unions to school teachers. Tenured teachers often lack motivation or incentive to be good teachers if they know they can’t lose their jobs for bad performance. For this reason, many of us agree that tenure should be eliminated. Likewise, union officials are human too, so why should the unions be guaranteed initiation fees and dues even if they fail to fairly represent workers?? Think about it. RTW states may be better for employees than states without RTW laws. If the unions have to earn your membership and dues, rather than force you to pay them, would that not give the unions more of an incentive to negotiate a fair contract deal, and give you fair representation?? Needless to say, the unions I’ve belonged to were no more deserving of our money than poor teachers are of tenure!!

This is a bold step for tyranny, virtual socialism. Taking control of a company, without the expense of ownership.

Democrats and Obama are arrogant statist, socialist thugs. The "news media" won't make a sound, because they are socialists too. Boeing must fight this tooth and nail, and all freedom-loving Americans must join them.

Is this a surprise to anyone? Do we not yet recognize what Obama is doing to this country and our American way of life? Ask yourself "why are the members of the NLRB are on this board?" How did they become members"? The answer – Obama appointed these lackeys to do exactly what they are doing. Just one more example of the Obama agenda and the extent his union and the left wing main stream media supporters will stoop to make sure Obama suceeds in his destruction of this nation.

How dare our government try to stop a company from building in whatever state they wish to build! At least Boeing wants to stay in the U.S. and create jobs here. What a concept! Unions have outlived their purpose. Now they are nothing but giant political left wing machines that try to organize voters to allow them to do the thinking for them. Go Boeing!

In the final analysis, the NLRB has no legislated authority to take this action. They can assert Boeing acted irresponsibly by deciding to build in a 'right to work' state, but they also would need to prove that. In addition, just what law says Boeing must not make such choices? I suggest there are no laws on the books that prohibit an employer from making such a decision. In short, Boeing can build wherever they can get the proper permits to do so.

Many people are writing letters to editors defending unions. And, it must be said that there was a time when unions did good things for American workers. However, attacking Boeing like this, makes the NLRB and unions in general look tyrannical.

Why would any employee want to be associated with an organization that attempts to use threats & intimidation as part of their business operation?

When government agencies act in this manner, their actions demonstrate to the public just why unions have become corrupted political operations. Those same agencies also prove to the public that government is out of control. Most agency types have no real business management experience and that alone shows their interference is based solely on radical political favoritism and not on rational business operation.

No court will permit this to stand. But that is not the point, is it? The real point of this exercise is to create an atmosphere of intimidation. The NLRB & Obama administration want all businesses to be afraid to make decisions that have not been given hyper partisan political approval. They want American businesses to fear government agency retaliation & attention. The government may lose the lawsuits, but in the meantime the business has lost considerable money defending themselves. Again, the radicals plan to to drain the bank accounts of those who do not cooperate or comply. This is typical state sponsored 'business practice' terrorism.

Whether its demonstrations, or op-eds, or letters to editors, or rallies, or complaints, or whatever, it costs companies money they do not have. It costs companies their good name because the media vilify the business, not those who are threatening them. The media lose sight of the very real fact the agencies have no legal leg to stand on, let alone no moral leg to stand on.

So going after Boeing is just to get attention. Its the thousands of other businesses they really want to throw a scare into. Those small companies that cannot afford this as Boeing can. It might work so long as the Department of Justice does not get involved, and so long as the administration keeps encouraging the NLRB to keep it up. The admin will do this behind closed doors of course. They do not want the public to know they are trying to force all to become good little collectivists.

It was said recently "workers of the world unite." What was not said was, "or else"!

Courts, shmortz, in a free society an employer has the right to do business wherever he wants with whomever he wants, without restriction, and it's none of the damn governments business. Or the unions for that matter! The govt. would be better served by worrying about national defense, and nothing else.

I think, that in the past, the unions played a very important role in shaping modern America. Today, they have become a hinderance because they let themselves grow beyond the worker and have made the union more important than their core beliefs. Because of our legal apparatus, you don't really need a union steward, committeeman or and entire staff to defend you. If you're wronged the legal system will take you under it's wing and plead your case. The other part of the argument is that union labor is better than non union labor; tell that to all the folks who work in the transplant automotive factories all across America. The travesty in all of this is the intrusion of the Federal Government into the private sector; healthcare mandates, work mandates, emission standards, etc., and we still have over a 9% unemployment rate. So history teaches us again that the government really can't do much of anything, well.

Problem is we can no longer rely on the Supreme Court to restore or otherwise adhere to constitutional order. For over a hundred years now the Court has recklessly championed "judicial supremacy" over "constitutional supremacy". Thus, I have scant faith in their judgement and fidelity to the Constitution. The awful litany of unconstitutional rulings is ample proof of that. Thus, we cannot expect the Court to uphold the Constitution. Only the States and We the People can–and rightfully should–insist upon fidelity to the Constitution and the rule of law. On this, our founders' counsel would be the same.

The National Labor Relations Board is unlawfully going after Boeing, and I suppose their Commie Friends would love to move Boeing to China! These Obama Shadow Government Agencies are creating Unconstitutional Forms Of Government! That's a High Crime and somebody should be Impeached for it! How dare these lawless Union stooges Dictate for Boeing! This is like the way they went after GM and Chrysler! So is it the Obama Administration is setting up Boeing to be Nationalized? Obama looks more like Hugo Chavez every day!

Nobody on the Right has enough Outrage to keep up with all the Outrageous things that the Obama Administration is doing! Truly, they have Minced Our Demographic! So much is wrong, Republicans can't get together on which Abomination to take on first! Demo-crats have nullified us! It would be "Hate Speech" to describe what Obama is doing to this Nation! There is only one thing to do. Defund and Abolish the National Labor Relations Board! For this Corruption! And the High CRime of creating Unconstitutional Forms of Government! Yeah! Dictatorships are illegal in America! Didn't you know?

It's interesting that you should mention McDonalds. Just yesterday, 5-18-11,the WSJ ran an article about McDonalds who is now coming under attack by a nonprofit watchdog group, Corporate Accountability International. Micky-D's is being "asked" to change their advertising to kids plus an assortment of "environmental" issues that must be addressed.

Somehow, I am suspicious that the federal government is hovering in the background, waiting for the opportunity to pounce, and direct how this American institution must do business….or else.

Add the new complaint that potatoes should not be allowed in school lunchrooms, can a ban on Micky-D's wonderful fries be far behind?

The NLRB's interference in the decision of Boeing to build its new Dreamliner in South Carolina will mean that those three million jobs that should have been kept here, will go overseas. Where? Boeing could very easily take its business to China.

"Stupid is as stupid does" to quote a great fictional american. If Obama lets these halfwitted bureasucrats keep at it the envirofreaks won't have any causes, there won't be any industry to hate or harass. Boeing could move everything offshore,jncluding their Chicago offices and then the IAM and all the rest of Obama's Dupes could go on wellfare, fulfilling the admlnlstration's agenda. Congratulations to all; the single-digit IQ Supermen out there,and all you brilliant limosine Liberals, you may get what you deserve…but you may not like it!!! The whole liberal thing is getting too predictable and BOREING and I would rather have a positive word of compassion for you all, but they'd be sooo inappropriate.

What else can I say ? The writing has been on the Wall for years ! We,ve either been to dumb to see, or just to dumb and blind to know it. Most of all, all Our Leaders have been too selfish and greedy to care. We have very little time to change the direction the United States is headed (the World) and God for bid the out come. This my fellow Americans is not the beganing of the End, it's the End of a Long time Beganing ! Enought is Enough, Stand up for your Forefather's Fight for Our Constitution and the Freedom it has brought us. Throw the Bums out of office with your last bit of Freedom, your right to Vote ! Or just sit back and watch All our Freedom go to Hell, just like the priest in Germany did with the Jews!

I agree about the parasitical nature of the NLRB, but I also take issue with Boeing for choosing SC over Texas for their 767 plant. Heck, we're not only a right to work state, but we also don't take kindly to federal interference in our state's governmental and private business affairs. Ye-Haw!

This case will go nowhere. The cases the NLRB are referring to have nothing to do with the Boeing case, so when this goes to court it will go nowhere. Boeing has vowed to fight this, so I don't think we have to worry about this actually going through. I hope it goes to court so it sets yet another precedent against the NLRB when Boeing wins.

Dictatorship of any kind, in our repubic, is unconstitutional and un-American and that is what "big union" has become. I hope Boeing fights this and (like Greg Besley and others) I would like to know how I can show Boeing my support.

I think that Boeing ought to just build the planes overseas. That would soilve the problem. The government could then be proud of forcing more people onto the unemployment roles and probably onto welfare. The unions then will not have to worry about the employees that are not paying dues to them. Simple solution,

I am someone who believes in following the rules and making things work. However, it has got to the point that the middle class citizens need to take the country back from the government/poor and if it results in some level of anarchy for a period of time until we get civilized again then so be it. Not all of us are sheep to be sheared. Boeing should fight this to the end.

we truly are folowing the latin american model of rule….unions are the fat around the heart that starves the body of its life blood until the inevitable collapse….find some guts boys and girls…its coming down….i wonder if isreal will plunge the knife obama handed them in their own chest….i dont wonder at all how this came about….the road goes on forever and the party never ends….not my line…it belongs to robert earl keene…but it fits the costumed ball going on in washington where dress up games are played and court jesters take their turn at the podium… playing adult….

Just do the same as the big O did with obamacare, JUST DO IT!!! then the labor unions and the big O can sue. Just keep everything in the courts and it will be tied up for 5 years.Bowing, just keep doing what they desire to do to better their company and the people.

Then you will see the radical unions throwing a tantrum and rioting!! So what!!!

It seems to me that Heritage could be helpful in working with the states to get the 38 states needed to convene a constitutional convention and shut down everything that would be covered by such action. Thiscommunism is spreading and needs to be stopped before it is too late. I believe the actions that this treacherous occupant of the white house has initiated must be upward of 500 all detrimental to this country. He must be stopped.

I am 78 years old but there are a few things i remember. and one is when the communist take over a country. stay with me readers.what do they take away. your personal freedom. and the list goes on and on

Overall, it appears that BHO is allying himself with all the entities here and in other countries which are adversaries or enemies of the U.S. with the intent to turn, "transform" the nation into a 3rd rate country, hopelessly in debt to China, with a weak Military, pathetically dependent on Venezuela, Brazil and the Mideast for whatever oil we can afford……and before the 2013 change of administrations, since, even with millions of campaign bucks from overseas and union and media support, his reelection chances are not good…..

Where are all of those wonderful business' of the past that grew out of the Industrial Revolution…the garment industry, furniture industry even the paper manufacturers…all manufacturing overseas (Asia)…how did they get there? The unions put them out of business in the US. What is left in the US is service oriented, and those business' are rapidly becoming unionized. After they leave, what will be left, whose wages will be enormous enough to feed the monster

These type actions may force Boeing and other large multiple location businesses to consider locating outside the country, This could lead to loss of American employment and loss of revenue to the Government.These type actions by the NLRB offer no benefit to the American economy and workforce and are purely politically motivated..

These type actions may force Boeing and other large multiple location businesses to consider locating outside the country. This could lead to loss of American employment and loss of revenue to the Government. These type actions by the NLRB offer no benefit to the American economy and workforce and are purely politically motivated..

Once again the federal government is adding to the list of why off shore manufacturing is attractive. China would love to team with Boeing to build the 787 and gain all of the technology. That is where this NLRB action is pushing the manufacturing in this country. Their major problem is how to get China out and any muslim country in. Let's let boeing contract it to say Iran, egypt, or Syria. That would make our "president" happy and Boeing could get some type of stymulis for making THE MUSLIM BROTHERHOOD feel better about themselves.

In truth, this is outright discrimination toward a specific segment of the american population. No different than discrimanation of sex, race, religon, or national orgin. The new offended minority are all of the citizens residing in "right to work states" who were supposed to be protected under Taft-Hartley.

[…] wide-ranging Freedom of Information Act request suggests that politically connected special interests influenced the NLRB’s complaint against the company. The federal agency has asked an administrative law judge to halt expansion of […]

[…] wide-ranging Freedom of Information Act request suggests that politically connected special interests influenced the NLRB’s complaint against the company. The federal agency has asked an administrative law judge to halt expansion of […]

[…] Boeing has a history of reacting to strikes by actually increasing union employee counts – they added 2,000 employees to the Washington plant. Lamontagne pointed out that the NLRB’s complaint was clearly geared […]

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